MUNNAN ALIAS MUNNAR Vs. STATE
LAWS(ALL)-1980-7-33
HIGH COURT OF ALLAHABAD
Decided on July 08,1980

MONNAN ALIAS MUNNAR Appellant
VERSUS
STATE Respondents

JUDGEMENT

P.N.Goel - (1.) MUNNAUR alias Munnar, resident of village Ahmadpur Asrauli, police station Puramufti and Pyare resident of Bamrauli, police sation Dhoomanganj, district Allahabad have been convicted ;and sentenced under section 394 IPC to undergo R. I. for 5 years by order dated 28-8-1975 passed by 5th Additional Sessions Judge, Allahabad.
(2.) JAGDISH Narain Tripathi, PW 1. was Manager Daoba Automobile Petrol Pump, Bamrauli. After realisation of diesel dues on 16-9-1969 at about 6 P. M. he was returning with a sum of Rs. 1774/- from the petrol pump. Two appellants came out of a Ber Grove. They stopped him, assaulted him with lathis and took out the said sum from his pocket. Seva Lal, Sheo Charan and Anant Ram turned up on hearing his alarm. The appellants ran back into the grove. JAGDISH Narain Tripathi asked Seva Lal to inform bis. master Tirath Ram Kohli. Tirath Ram immediately came up in a motor car. The bicycle of JAGDISH Narain was handed over to Mohd. Talib of his village. Tiirath Ram Kohli and JAGDISH Narain went in search of the appellants who were known to JAGDISH Narain from before, but they were not found. A first information report of the occurrence was lodged at police station Dhoomanganj at 7.10 P. ML by Tirath Ram Kohli. On the date of occurrence at 9.45 P. M. Dr. S. D. Malviya examined Jagdish Narain Tripathi and found five contusions on his back and right leg. The appellants did not admit the allegations of the prosecution.
(3.) THE prosecution examined witnesses in support of its cases. THE Additional Sessions Judge found the prosecution case true and convicted the appellants. By cross-examination the appellants wanted to show that Jagdish Narain Tripathi was not possessed of the sum of Rs. 1774.00. The Investigating Officer tried to gather evidence in support of the allegation of the prosecution. The Additional Sessions Judge observed that the Investigating Officer was not justified in doing so.;


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